If the plea was not accepted by the court, he can withdraw at any time prior to the court accepting the plea. If the court accepted the plea, he can only withdraw based upon a manifest injustice. He really needs to discuss withdrawing from the plea with his attorney. If he has a 70 count indictment (perhaps more charges), then the plea may be a way to resolve the case even if this particular charge may be lacking in evidence.
I don't know Illinois law, I'm an Arizona attorney. The only way to be on court supervision for a DUI in Arizona would be a form of probation. In Arizona, to be on probation for a DUI you would have to have a conviction. In Arizona, there are no deferred prosecutions or diversion programs for DUI's. However, if in Illinois you were never convicted of this offense and were never placed on probation, you can honestly say that you have no convictions or were placed on probation.
Without any doubt, obtain legal counsel. A drug conviction may affect your ability to obtain certain licensing. Your criminal history will be checked by your licensing board. Possession of Drug Paraphernalia, as a misdemeanor, is a class 1 misdemeanor. Assuming you have no prior convictions, if convicted, you will only get probation, a fine, and drug counseling. However, the goal should be to avoid any conviction.
Stephen R. Glazer
Board Certified Criminal Law Specialist By The State...
You are most likely going to be fine. The State can wait until you are 18 to file the charges. However, for a misdemeanor DUI there is only a 1 year statute of limitations. Meaning they can't charge you after 1 year from the incident. They probably decided not to charge you with the offense. If they eventually do charge you, hire a DUI attorney as soon as possible.
The State may charge your son. It's completely within their discretion. They may feel that your son's cooperation was of value and not pursue prosecution. Most likely, he will be charged with possession of marijuana and drug paraphernalia. Possibly, also a DUI - Driving While Impaired to the slightest degree. Since no blood or urine was obtained, he should not be charged with DUI - Drugs.
Since your son is only 17, he may be prosecuted as a juvenile. This is also within the...
This is a very difficult question to answer. I am not licensed in North Dakota and don't know any North Dakota law. However, it is an expensive process to extradite a person from across the country. In Arizona, typically a person will not be extradited from across the country for a misdemeanor warrant. There are always exceptions. It depends on the prosecuting agency and the court to determine the type of warrant that was issued.
A summons is likely to issue when the blood results are received and if it shows the metabolite of THC in his system. He is likely going to be charged with DUI - Drugs (A.R.S. 28-1381(A)(3)) and depending on the facts, also potentially DUI - Driving While Impaired to the Slightest Degree (A.R.S. 28-1381(A)(1)). Your friend cannot force the case to move more quickly, only hire a good attorney as soon as possible in anticipation of the charges.
A simple motion to modify the caption to reflect your correct name is needed. This should be completed in writing by your attorney. Otherwise, if completed by oral motion, the court and prosecutor may forget the change.
Although you are not committing another criminal offense, you are violating your probation. If you violate your probation, your consequences can vary but you can be incarcerated for whatever time period your underlying offense provides. If you want to avoid incarceration, don't violate your probation.
I don't know your probation officer and don't know if he/she will give you another break. If you are honest with your probation officer and admit to violating your probation, and ask for...